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Articles 1 - 8 of 8
Full-Text Articles in International Law
Private Commercialization Of Space In An International Regime: A Proposal For A Space District, Zach Meyer
Private Commercialization Of Space In An International Regime: A Proposal For A Space District, Zach Meyer
Northwestern Journal of International Law & Business
The Soviet Union inaugurated the Space Age in 1957 with the launch of the first artificial satellite, Sputnik I, into the Earth's orbit. Human activity in space, once only a dream, had become reality. The hope for human advancement was immense. However, over the past five decades, the progress of the Space Age has not matched the measure of that hope. National space agencies have slowly and inefficiently explored and developed the space frontier. But, the success of a recent private competition suggests a better channel for facilitating space exploration and development: private commercial enterprise. However, certain problems are holding …
"Open Skies" At A Crossroads: How The United States And European Union Should Use The Ecj Transport Cases To Reconstruct The Transatlantic Aviation Regime, Jacob A. Warden
Northwestern Journal of International Law & Business
Since the creation of the modern international aviation regime, at the 1944 Chicago Conference, the United States has used this power and prestige to create a system much to its liking. However, the recent decision of the Court of Justice of the European Communities ("ECJ") in the Transport Cases threatens to change this. The Transport Cases, brought by the European Commission ("Commission") in an attempt to achieve exclusive authority to negotiate commercial aviation agreements for the collective European Union, partially struck down several bilateral aviation treaties signed between several of the Member States and the United States. The Commission, recognizing …
Consequences Of E.U. Airline Deregulation In The Context Of The Global Aviation Market, Moritz Ferdinand Scharpenseel
Consequences Of E.U. Airline Deregulation In The Context Of The Global Aviation Market, Moritz Ferdinand Scharpenseel
Northwestern Journal of International Law & Business
The objective of this article is to show the background of the airline liberalization process in the E.U. and to evaluate its economic effects in context of the global aviation market. To understand the pressures for change and the forms that the changes are taking, it is first necessary to ap-preciate why market regulation was thought important and how the U.S. de-regulated its airline industry. Therefore, Section II of this paper will analyze the different market structures in the U.S. and the E.U. In Section III, the discussion will continue with a consideration of the effects of U.S. airline deregulation. …
Copyright Protection For Data Obtained By Remote Sensing: How The Data Enhancement Industry Will Ensure Access For Developing Countries, J. Richard West
Copyright Protection For Data Obtained By Remote Sensing: How The Data Enhancement Industry Will Ensure Access For Developing Countries, J. Richard West
Northwestern Journal of International Law & Business
The use of remote sensing of the earth by satellite has grown tremendously since the United States launched the first such satellite, Landsat 1, in 1972. In 1984, the Land Remote Sensing Commercialization Act began the gradual transfer of the United States Landsat program to the private sector. The Earth Observation Satellite Company (EOSAT) is the private operator licensed pursuant to the Act, and is preparing to launch the first privately-operated remote sensing satellite, Landsat 6, in 1991. The Commercialization Act requires operators to make raw data available to all users on a nondiscriminatory basis, but it does not preclude …
Chan V. Korean Air Lines, Ltd.: Skirting The Legislative History Of The Warsaw Convention, Ian A. Schwartz
Chan V. Korean Air Lines, Ltd.: Skirting The Legislative History Of The Warsaw Convention, Ian A. Schwartz
Northwestern Journal of International Law & Business
On September 1, 1983, over the Sea of Japan, a Soviet Union military aircraft destroyed a Korean Air Lines Boeing 747 en route from Kennedy Airport in New York to Seoul, South Korea. All 269 persons on board the plane were killed. The Warsaw Convention ("Convention"), a multilateral treaty governing the international carriage of passengers, baggage, and cargo by air, provides a per passenger damage limitation for personal injury or death. The Convention further provides that passenger tickets must include notice of this limitation, and a private accord among airlines known as the Montreal Agreement ("Agreement") states that this notice …
Limited Space: Allocating The Geostationary Orbit, Michael J. Finch
Limited Space: Allocating The Geostationary Orbit, Michael J. Finch
Northwestern Journal of International Law & Business
In many ways, the space shuttle inaugurated a new phase in the development of space as an international resource. The shuttle may be used to launch satellites into orbit and has the additional capability of retrieving and repairing satellites. As the number of satellites in orbit increases, the problem of interference among satellites escalates. The issue centers around the geostationary orbit and the electromagnetic spectrum as well as direct satellite broadcasting from orbiting transmission stations to individual receivers. This Comment will examine the current legal and probable future state of the international zone known as the geostationary orbit and the …
From Ice To Ether: The Adoption Of A Regime To Govern Resource Exploitation In Outer Space, Grier C. Raclin
From Ice To Ether: The Adoption Of A Regime To Govern Resource Exploitation In Outer Space, Grier C. Raclin
Northwestern Journal of International Law & Business
It is clear that the world community in general, and the United States in particular, intends to move forward in the exploration of space and the commercial exploitation of lunar and other resources. It would seem equally clear that, without law in this area, no country, government, or commercial enterprise is likely to undertake the substantial risks and costs involved in such exploitation. Companies will not undertake these risks without a clear understanding of how the resulting rewards will be allocated. For the United States commercial space program to move forward, it must seek the adoption of a regime to …
Changes In Presidential Powers Over The Awarding Of International Air Routes: Effects And Implications Of Section 801(A) Of The Airline Deregulation Act Of 1978, Jeffrey I. Langer
Changes In Presidential Powers Over The Awarding Of International Air Routes: Effects And Implications Of Section 801(A) Of The Airline Deregulation Act Of 1978, Jeffrey I. Langer
Northwestern Journal of International Law & Business
Congress amended the international air route-awarding procedures established in earlier legislation when it enacted section 801(a) of the Airline Deregulation Act of 1978. Changes in the procedures were necessary for two reasons. First, the original route-licensing scheme was designed by Congress to balance presidential discretion concerning defense and foreign policy with congressional authority over foreign commerce. However, by precluding judicial review of challenges by foreign air carriers, Congress thwarted its own intent and established the President as the final authority in awarding routes to such carriers. Secondly, by also precluding review of certain challenges by citizen carriers, the courts destroyed …